mark bosly uk chief air services negotiator to encourage ... bosley.pdfa fair and equal opportunity...

Mark Bosly

UK Chief Air Services Negotiator

mark.bosly@dft.gov.uk

What kind of reassurance is needed to encourage market access liberalisation?

Fourth ICAO Air Transport Symposium (IATS/4)

Paradise City, Incheon, Republic of Korea

9th May, 2019

Why reassurances?

• Air carriers all over the world enjoy very different circumstances.

• Most carriers have a unique competitive advantage reflecting those circumstances.

• How can we ensure that carriers have a fair and equal opportunity to compete despite their different circumstances?

• Reassurance on this point is a key factor in determining whether to open-up market access.

2

A fair and equal opportunity to compete

No party should allow its carriers to:

• abuse market power in a way which is likely to severely weaken a competitor or exclude a competitor from a route, or

• enter into arrangements with any other carriers which could prevent, restrict or distort competition

3

State Ownership

• State ownership of a carrier should not be a problem per se. However,

• public subsidy or support should not provide a carrier with an unfair competitive advantage

4

State intervention to maintain key services

• In certain territories, or for certain routes, market forces alone might not be enough to deliver connectivity.

• Sometimes, under controlled/prescribed circumstances, State intervention may be necessary.

5

Commercial freedom and non-discrimination

• Carriers should be free to determine such matters as the frequency and capacity of the services they provide, and their tariffs.

• Carriers should be treated equally, regardless of nationality.

6

More reassurances, for example….

Transparency is necessary to demonstrate that the provisions of an agreement are being complied with

Carriers should be free to remit locally-earned funds without restrictions

7

Non-compliance

• Carriers should be properly regulated and comply with internationally agreed standards.

• Being held to account against relatively lenient standards (or not being held to account effectively) could give an unfair competitive advantage.

8

Dispute resolution

• Non-compliance with the terms of agreements can undermine the fair and equal opportunity to compete.

• Consequently, agreements should include effective dispute resolution mechanisms.

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